HomeMy WebLinkAboutL 13052 P 237 1 1 1(l l l i 1 f 111111111 i l l i f l f l l l l l 11111 I I I 111 I l l l l l l l f l l l
111111 I I I I I I I I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 03/13/2020
Number of Pages : 8 At: 03 :50 :04 PM
Receipt Number : 20-0048378
TRANSFER TAX NUMBER: 19-24113 LIBER: D00013052
PAGE : 237
District: Section: Block: Lot:
1000 004 .00 07 . 00 002 . 001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $100 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $40 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 .•00 NO
TP-584 $5 . 00 NO Notation $0 . 00 NO
Cert.Copies $10 . 00 NO RPT $400 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $495 . 00
TRANSFER TAX NUMBER: 19-24113
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
- RECORDED
2020 Mar 13 03:50:04 PM
JUDITH R. PRSCF7LE
CLERK OF
Number of pages SUFFOLK COUNTY
L D00013052
P 237
This document will be public DT# 19-24113
record.Please remove all
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee Mortgage Amt.
1.Basic lax
Han ' 20, 00
2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
or
EA-52 17(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A. �_t�� Dual Town Dual County
Held for Appointment
Comm,of Ed. 5. 00 Transfer Tax
Q Affidavit • Mansion Tax
\V Certified.Co 'T The property covered by this mortgage is
py �— or will be improved by a one or two
NYS Surcharge 15. 00 I family dwelling only.
Sub Total YES or NO
Other
Grand Total If NO, see appropriate tax clause on
page# of th's instr ment.
`�� C 65DO
4 Dist. 1C 4080807 c, C3Z'R"�V)ed 7 5 Community Preservation Fund
Real Property p T S 11111111111 jp/ Co sideration Amount$
Tax Service R LPA A
Agency t24WM CPF ax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
STEPHEN L.HAM,I11,ESQ. TD
MATTHEWS&HAM TD
38 NUGENT STREET
SOUTHAMPTON,NY 11968 TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk Title# 00S'6 01
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached . EASEMENT AGREEMENT made
by: (SPECIFY TYPE OF INSTRUMENT)
CHOCOMOUNT HOUSE LLC The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of SOUTHOLD
RENAT V.LUMPAU,AS TRUSTEE of the TWO In the VILLAGE
TWENTY-EIGHT CHOCOMOUNT BEACH or HAMLET of FISHERS ISLAND
ROAD NOMTN E TRUST
BOXES 6 THRU> MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
•.♦ over
pT S
R LPA A
Stat ID: 4080807 12-MAR-20
Tax Maps
District Secton Block Lot School District
1000 00400 0700 002001
1000 00400 0700 003007
EASEMENT AGREEMENT
fd al'
Ve4� S11019
EASEMENT AGREEMENT made this 233 day of January , 2020, between
Chocomount House LLC, a Colorado limited liability company having an office at 38
Nugent Street, Southampton, New York 11968, party of the first part, and Renat V.
Lumpau, as Trustee of the Two Twenty-Eight Chocomount Beach Road Nominee
Trust u/t/d dated January 24, 2018, Two International Plaza, Boston, Massachusetts
02110, party of the second part;
WHEREAS, the party of the first part is the owner in fee simple of a parcel
of land located at and designated as 15541 East Main Road, Fishers Island, Town of
Southold, County of Suffolk and State of New York (SCTM No. 1000-004.00-07.00-
003.007), more fully described in Schedule A attached hereto (hereinafter referred to as
Parcel 1); and
WHEREAS,the party of the second part is the owner in fee simple of a parcel
of land located at 228 Chocomount Beach Road, Fishers Island,Town of Southold, County
of Suffolk and State of New York (SCTM No. 1000-004.00-07.00-002,001), more fully
described in Schedule B attached hereto (hereinafter referred to as Parcel 2); and
WHEREAS, the party of the first part intends to grant an easement to the
party of the second part over a portion of the land described in Schedule A, said portion
C
of land for said easement more fully described on Schedule C attached hereto;
WITNESSETH :
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10) each
to the other paid and the receipt of which is hereby acknowledged and other good and
valuable consideration,the party of the first part hereby grants and conveys unto the party
of the second part,their heirs, successors and/or assigns which shall come into title to said
Parcel 2, a permanent and perpetual easement that runs with the land over that portion of
Parcel 1 as set forth more fully in Schedule C hereto for the purpose of placement,
installation, maintenance, repair, inspection and replacement of water lines, and the party
of the second part, their heirs, successors and/or assigns shall restore the area to its
original condition after placement, installation, maintenance, repair, inspection and
replacement of such service utility, over the premises more particularly described in
Schedule A. The cost of installation, maintenance and repair of said water lines and of
restoration of the affected area shall be borne solely by the party of the second part, their
heirs, successors and/or assigns.
The installation of said water lines within the easement area as described in
Schedule C for the benefit of Parcel 2 must be with the consent of the Suffolk County
Department of Health Services (the "DEPARTMENT").
1
The party of the first part, its successors and assigns, retains unto itself all
rights to fully enjoy its aforedescribed premises except for the purposes herein granted to
the parry of the second part.
The aforementioned easement contained herein shall be enforceable by the
County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity
or at law. The failure of any agencies or departments of the County of Suffolk, the
DEPARTMENT or the County of Suffolk to enforce the same shall not be deemed to affect
the validity of this easement nor to impose any liability whatsoever upon the County of
Suffolk or any officer or employee thereof.
This grant of easement shall at all times be deemed a continuing covenant
that runs with the land and shall be binding upon and inure to the benefit of the heirs,
successors and/or assigns of all parties to this Agreement.
This grant of easement shall not be terminated or extinguished without the
prior written approval of the DEPARTMENT.
IN WITNESS WHEREOF, the parties have set their hands and seals ON the
day and year first above written.
Chocomount C
By
GeonfoN. Ireland, Managing Member
T rub
R nat V. Lum au, as Trustee of the Two Twenty-Eight
ocomount Beach Road Nominee Trust
2
COMMONWEALTH OF MASSACHUSETTS)
COUNTY OF SU IF F0 L KC ss.:
1rynoAZ�o ( )
On the Z3 day of YVWO"�"6 in the year 2949 before me, the undersigned, personally
appeared George W. Ireland personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity`',,96'�that
by his signature on the instrument, the individual, or the person upon behalf�uf:,tivhiwt
. ,
individual acted,executed the instrument, and that such individual made such app�afnce
before the undersigned in the City of Boston in the Commonwealth of PJlass"'achusetts;� Y_
otary Public: ,`
�
1
COMMONWEALTH OF MASSACHUSETTS)
SS..
COUNTY OFAW&CA— )
ZD2D
On the 0day o ' in the year 29'I'9'before me, the undersigned, personally
appeared Renat LV umpau
pp p personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument, and that such individual made such appearance
before the undersigned in the City of Boston in the Commonwealth of Massachusetts.
NotaryPubli
SHiRLEYA:NEWELL
Notary Public
ID Commonwealth of Massachuseffs
My Commission Expires
March 21,2025
3
Schedule A
to
Easement Agreement
Party of the First Part: Chocomount House, LLC
Party of the Second Part: Renat V. Lumpau, as Trustee
Easement Agreement Dated: JAiJJ 4wY 2.3 249.9- Zv Lo
ALL that certain lot or parcel of land,with the buildings and improvements thereon, situate,
lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New
York being bounded and described as follows:
BEGINNING at a stone monument set on the southerly side of a road forty feet wide, said
monument being 674.06 feet South of a point which is 399.50 feet West of another
monument marking the U.S. Coast and Geodetic Survey Triangulation Station
"Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the
highest hill on Fishers Island, N.Y. about two and one-quarter miles West of the Eastern
end of Fishers Island and lies South 79 degrees 29 minutes 46 seconds East of North
Dumpling Light in Fishers Island Sound); and
RUNNING THENCE along the southerly side of said road South 84 degrees 12 minutes
20 seconds East, 306.41 feet to a stake marking the point of a curve to the left having a
radius of 308.49 feet and the direction of whose radius at that point is North 05 degrees
47 minutes 40 seconds East;
THENCE easterly still along the southerly side of said road and following the arc of said
curve, 113.59 feet to a point;
THENCE North 74 degrees 41 minutes 50 seconds East, 30.00 feet to a stake;
THENCE South 07 degrees 00 minutes 53 seconds East,444.37 feet to the shore of Block
Island Sound;
THENCE along the shore line of said Sound South 70 degrees 01 minutes 50 seconds
West, 160.46 feet to a point,-
THENCE
oint;THENCE North 05 degrees 48 minutes 30 seconds West, 179.72 feet to a stake;
THENCE North 66 degrees 51 minutes 40 seconds West, 105.26 feet to a stake;
THENCE North 62 degrees 12 minutes 00 seconds West, 165.69 feet to a stake;
4
THENCE North 58 degrees 25 minutes 40 seconds West, 130.02 feet to a stake;
THENCE North 07 degrees 50 minutes 48 seconds East, 84.08 feet to a stake;
THENCE North 10 degrees 18 minutes 50 seconds East, 61.69 feet to the stone
monument set at the point or place of BEGINNING.
5
Schedule B
to
Easement Agreement
Party of the First Part: Chocomount House, LLC
Party of the Second Part: Renat V. Lumpau, as Trustee
Easement Agreement Dated: TAW-M*.t y;, ao2•a, 20t5—
All that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at Fishers Island,Town of Southold, County of Suffolk and
State of New York, being more particularly bounded and described as follows:
BEGINNING at a monument which is located 918.27 feet South of a point which is 735.93
feet West of a stone monument marking the U.S. Coast and Geodetic Survey Triangulation
Station "Chocomount 2" (which said Chocomount 2 monument is located on the summit
of the highest hill on Fishers Island, New York, about two and one quarter miles West of
the Eastern End of Fishers Island and lies South 79 degrees 29 minutes 46 seconds East
of North Dumpling Light in Fishers Island Sound); and
RUNNING THENCE North 18 degrees 03 minutes 00 seconds East, 54.50 feet to a point;
THENCE North 86 degrees 15 minutes 30 seconds East, 105.13 feet to a point;
THENCE North 75 degrees 25 minutes 30 seconds East, 103.32 feet to a point;
THENCE North 80 degrees 54 minutes 10 seconds East, 93.04 feet to a point;
THENCE South 58 degrees 25 minutes 40 seconds East, 130.02 feet to a point;
THENCE South 62 degrees 12 minutes 00 seconds East, 165.69 feet to a point;
THENCE South 66 degrees 51 minutes 40 seconds East, 105.26 feet to a point;
THENCE South 05 degrees 48 minutes 30 seconds East, 179.72 feet to a point;
THENCE South 64 degrees 36 minutes 30 seconds West, 176.87 feet to a point;
THENCE South 82 degrees 22 minutes 30 seconds West, 144.50 feet to a point;
THENCE North 08 degrees 33 minutes 50 seconds West, 190.80 feet to a point.
THENCE North 84 degrees 35 minutes 50 seconds West, 250.20 feet to a point;
THENCE North 35 degrees 19 minutes 04 seconds West, 182.51 feet to the monument
set at the point or place of BEGINNING.
6
Schedule C
to
Easement Agreement
Party of the First Part: Chocomount House, LLC
Party of the Second Part: Renat V. Lumpau, as Trustee
Easement Agreement Dated: I-AdJAA-y 1-31 2-107-16, 201-9-
An easement for installation and maintenance of utilities, said easement being 5 feet in
width and extending Southerly from East End Road to property formerly of Boocock. The
westerly line of said easement being along the westerly boundary of land now or formerly
of Ireland and described as follows:
BEGINNING at a monument set in the Southerly line of East End Road, said monument
being located 399.50 feet West of a pointwhich is 674.06 feet South of another monument
marking the United States Coast and Geodetic Survey Triangulation Station°Chocomount
2"; and
THENCE RUNNING South 10° 18' 50" West 61.69 feet to a point;
THENCE South 07'49' 30"West 84.07 feet to the Northerly boundary of said land formerly
of Boocock.
7